Q: Do the penalties increase for second or more DUI / OVI convictions?
A:
Yes. When an individual with a previous DUI / OVI conviction is convicted of another DUI / OVI, there are increased penalties. The penalties continue to increase with each additional DUI / OVI conviction. If a high test is involved, or the individual refused to take a chemical test, the sentences are even more severe.
Q: What are the possible consequences for a second DUI / OVI?
A:
An individual convicted of a second DUI / OVI within a ten-year time period will face the following consequences: 1) a minimum mandatory jail sentence of ten days (double with high test or refusal); 2) a maximum jail sentence of six months; 3) a license suspension of one to seven years; 4) no driving privileges for forty-five days; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) ninety-day vehicle immobilization.
Q: What are the possible consequences for a third DUI / OVI?
A:
An individual convicted of a third DUI / OVI within a ten-year time period will face the following consequences: 1) a minimum mandatory jail sentence of thirty days (double with high test or refusal); 2) a maximum jail sentence of one year; 3) a license suspension of two to twelve years; 4) no driving privileges for one hundred and eighty days; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) forfeiture of the vehicle.
Q: When is a DUI / OVI considered a felony, and what are the penalties?
A:
In Ohio, a DUI / OVI offense is considered a felony when an individual is convicted of a fourth DUI / OVI in ten years, or a sixth DUI / OVI in twenty years. A first felony DUI / OVI carries the following penalties: 1) a minimum mandatory jail sentence of sixty days (double with high test or refusal); 2) a maximum jail sentence of thirty months; 3) a license suspension of three years to a lifetime; 4) no driving privileges for three years; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) forfeiture of the vehicle.
Q: What are the penalties for a second felony DUI / OVI?
A:
A second felony DUI / OVI carries the following penalties: 1) a minimum mandatory jail sentence of one hundred and twenty days (double with high test or refusal); 2) a maximum jail sentence of five years; 3) a license suspension of three years to a lifetime; 4) no driving privileges for three years; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) forfeiture of the vehicle.
Q: Why is it important to have an attorney for a repeat DUI / OVI charge?
A:
Hiring an attorney with extensive experience and expertise in DUI / OVI cases increases the probability of a more favorable resolution of the case. The attorney will work to minimize the consequences of a felony DUI / OVI by reviewing the all the evidence to identify any weaknesses. A DUI / OVI attorney will look for faults with the field sobriety tests, the chemical tests (breath, blood, and/or urine), the search and seizure, and proving prior convictions. If any faults are discovered, that evidence may be excluded from the case (thrown out) and may affect a judge’s determination of whether the charges were justified.
Our practice is focused on DUI / OVI defense, and we have experience with repeat DUI / OVI offenses. For more information about us, please see the firm overview. You can also see what clients say and review our past case results . We limit the number of cases we accept so we can provide outstanding service to our clients. If you would like to discuss how we can help with your DUI / OVI, EMAIL US or call us at 614-717-1177 to arrange a free consultation.